Patna High CourtCR. MISC./76325/2018disposal with observation

Makhu Patel v. State Of Bihar And ANR

2019-01-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76325 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Makhu Patel Son of Late Permeshwar Patel, Resident of Village/MohallaPurandara, Police Station-Palanwa, District-East Champaran. ... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Sumita Devi, Wife of Makhu Patel, Resident of Village-Purandara, P.S.- Palanwa, District-East Champaran, At Present Village-Chokiya, Bariya, P.S.- Pokhariya, District-Parsa Nepal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Tondon, Advocate.

For the Opposite Party/s :

Smt. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Trial No. 2712 of 2018 arising out of Complaint Case No. C-34 of 2018, registered for offences punishable under Sections 323 and 498 A of the Indian Penal Code.

Allegation as per F.I.R. against the petitioner, who happens to be the husband of the complainant, is of subjecting her to cruelty due to non fulfillment of demand of dowry and later on, the petitioner ousted his wife from his house. Submission of the learned counsel for the petitioner is that the petitioner is still ready to keep her and he has no criminal antecedent.

Patna High Court Cr.Misc. No.76325 of 2018(2) dt.29-01-2019 2/2 Learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioner, above named surrenders within a period of six weeks from the receipt of this order and on surrender, he shall be released on provisional bail for a period of three months by the Court below to its own satisfaction and in the meantime, learned court below shall issue noticeto the complainant and on her appearance Court shall make reconciliation and on reconciliation, if the petitioner is ready to keep the complainant with him, his bail bond shall be confirmed, otherwise, the Court is free to pass any other order as it may deem fit and proper.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sudha/- U T